BILL NUMBER: AB 1458	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Villines

                        FEBRUARY 23, 2007

   An act to amend Section 85.2 of, and to add and repeal Section 670
of, the Harbors and Navigation Code, relating to boating.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1458, as introduced, Villines. Boating: vessel operator
certificates and funding.
   (1) Existing law generally requires all money in the Harbors and
Watercraft Revolving Fund to be available, upon appropriation, for
expenditure by the Department of Boating and Waterways for various
specified purposes related to boating. Existing law requires money in
the fund, upon appropriation, also to be available to the Department
of Parks and Recreation for the operation and maintenance of units
of the state park system that have boating-related activities, and
for boating safety and enforcement programs for waters within the
jurisdiction of the Department of Parks and Recreation.
   This bill would delete that requirement for money in the fund to
be available to the Department of Parks and Recreation for those
purposes, and would make conforming changes.
   (2) Existing law regulates the operation of vessels, including
imposing safety requirements on the operation of vessels, and
authorizing the Department of Boating and Waterways (the department)
to issue regulations establishing minimum safety standards for boats.

   The bill, except as otherwise specified, would prohibit a person
from operating a vessel unless the person has in his or her
possession a vessel operator certificate developed and issued by the
department. The bill would make that requirement applicable,
commencing in 2011, pursuant to a schedule imposing the requirement
over time depending on a person's age. The bill would require the
department to provide a lifetime certificate to a person who provides
the department with proof that he or she has passed a vessel
operator test approved by the department. On and after January 1,
2011, the bill would require a person who rents a vessel to require
that the renter or operator of the vessel show proof of possession of
the certificate, or if the person does not have a certificate, would
require the rental agent to provide him or her with a rental vessel
operator certificate developed and approved by the department, and a
specified map, if the person passes a specified course that the
department would be required to develop or approve. A violation of
the provisions related to the certificate would be an infraction.
Subject to a fine depending on the number of violations. The money
received by the state from those fines would be required to be
deposited into the Harbors and Watercraft Revolving Fund to be
expended, upon appropriation as specified. By creating a new crime,
the bill would impose a state-mandated local program.
   The bill would impose other requirements on the department with
respect to the certificate and would require the department, on or
before December 31, 2015, and each year thereafter, to prepare a
report regarding the total number of certificates issued and the
correlation between certificates and the number of vessel accidents,
injuries, and fatalities.
   The certificate provisions would be repealed as of January 1,
2021.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 85.2 of the Harbors and Navigation Code is
amended to read:
   85.2.  (a) All money in the Harbors and Watercraft Revolving Fund
shall be available, upon appropriation by the Legislature, for
expenditure by the department for boating facilities development,
boating safety, and boating regulation programs,  including for
the purposes of Section 670,  and for the purposes of Section
656.4, including refunds, and for expenditure for construction of
small craft harbor and boating facilities planned, designed, and
constructed by the department, as specified in subdivision (c) of
Section 50, at sites owned or under the control of the state.

   (b) (1) The money in the fund shall also be available, upon
appropriation by the Legislature, to the Department of Parks and
Recreation for the operation and maintenance of units of the state
park system that have boating-related activities. Funds appropriated
to the Department of Parks and Recreation may also be used for
boating safety and enforcement programs for waters under its
jurisdiction.  
   (2) Notwithstanding Section 7550.5 of the Government Code, the
Department of Parks and Recreation shall submit to the Legislature,
on or before January 1 of each year, a report describing the
allocation and expenditure of funds made available to the Department
of Parks and Recreation from the Harbors and Watercraft Revolving
Fund and from the Motor Vehicle Fuel Account in the Transportation
Tax Fund attributable to taxes imposed on the distribution of motor
vehicle fuel used or usable in propelling vessels during the previous
fiscal year. The report shall list the special project or use,
project location, amount of money allocated or expended, the source
of funds allocated or expended, and the relation of the project or
use to boating activities.  
   (c) 
    (b)  The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.
  SEC. 2.  Section 670 is added to the Harbors and Navigation Code,
to read:
   670.  (a) Subject to the schedule in subdivision (b), a person
shall not operate a vessel unless the person has in his or her
possession a vessel operator certificate issued by the department
pursuant to this section.
   (b)  Subdivision (a) applies to a person pursuant to the following
implementation schedule:
   (1) On and after January 1, 2011: A person 20 years of age or
younger.
   (2) On and after January 1, 2012: A person 25 years of age or
younger.
   (3) On and after January 1, 2013: A person 35 years of age or
younger.
   (4) On and after January 1, 2014: A person 40 years of age or
younger.
    (5) On and after January 1, 2015: A person 45 years of age or
younger.
   (6) On and after January 1, 2016: A person 50 years of age or
younger.
   (7) On and after January 1, 2017: A person 60 years of age or
younger.
   (8) On and after January 1, 2018: All persons, regardless of age.
   (c) (1) The department shall issue a vessel operator certificate
to a person who provides the department with proof that the person
has passed a vessel operator test approved by the department.
   (2) If the department determines that adequate, approved vessel
operator tests are not readily available online at minimal or no
cost, the department shall provide a vessel operator test on the
department's Internet Web site. The department shall provide links
from its Internet Web site to approved tests that are available
online. If the department contracts for the provision of services
with an online course or test vendors, the department shall contract
with more than one entity for that same service.
   (d) A vessel operator certificate shall be valid for the life of
the person to whom it is issued.
   (e) This section does not apply to any of the following:
   (1) A person operating a vessel in accordance with Section 658.5.
   (2) A person operating a vessel while under the direct supervision
of a person 18 years of age or older who is in possession of a
vessel operator certificate or who is not required to possess a
vessel operator certificate pursuant to subdivision (f) or (g).
   (3) A person operating a vessel in an organized regatta or vessel
race, or water ski race.
   (4) A person operating a vessel who is in possession of a vessel
rental operator certificate.
   (5) A person operating a rental vessel, except for a personal
watercraft, who is over the age of 16, while under the direct
supervision of a person 16 years of age or older who is in possession
of a rental vessel operator certificate.
   (6) A person operating a personal watercraft who is over 16 years
of age, while under the direct supervision of a person 18 years of
age or older who is in possession of a rental vessel operator
certificate.
   (f) This section does not apply to a person operating a vessel who
has a valid marine operator license issued by the United States
Coast Guard.
   (g) (1) On and after January 1, 2011, a person who provides a
vessel for rent in California shall require that the renter or
operator of the rental vessel show proof of possession of a vessel
operator certificate, before renting the vessel. If the renter or
operator of the rented vessel does not possess a vessel operator
certificate, the rental agent shall provide the renter or operator of
the vessel with a rental vessel operator certificate developed or
approved by the department and a map of the waterway the renter or
operator indicates is the location of intended operation.
   (2) The rental vessel operator certificate shall be provided only
to a person who takes and passes a rental vessel operator course that
is developed or approved by the department for the purpose of this
section. The rental vessel operator course shall be tailored to and
recognize the vessel rental situation, include information specific
to the type of vessel and the type of waterway, and provide
information concerning state boating laws, operating instructions,
equipment operation, and safety information.
   (3) A person who rents a vessel and is otherwise required to
possess a vessel operator certificate may instead possess the rental
vessel operator certificate and may operate a rental vessel in
California for a period of not more than 30 days from the initial
rental date.
   (h) A person who violates this section is guilty of an infraction,
and subject to a fine of not more than one hundred dollars ($100)
upon conviction of an initial violation of this section, to a fine of
not more than two hundred fifty dollars ($250) upon conviction of a
second violation of this section, and to a fine of not more than five
hundred dollars ($500) upon conviction of a third or subsequent
violation of this section. In addition to the fines imposed by this
subdivision, a person convicted of violating this section shall be
ordered by the court to complete and pass a boating safety course
approved by the department as provided in Section 668.1. The fine
shall be waived, less a transaction fee, if the vessel operator
presents information that the court or a state or local agency
approved by the department determines the person had a valid vessel
operator certificate at the time of the citation. The money received
by the state from the fines paid pursuant to this subdivision shall
be deposited in the Harbors and Watercraft Revolving Fund and
expended by the department, upon appropriation, to carry out this
section. A person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction. The proof shall be in a
form that has been approved by the department and that provides for
the ability to submit the form to the court or a state or local
agency approved by the department through the United States Postal
Service or other certified means of transmission. If the person who
has been required to complete and pass a boating safety course is
under 18 years of age, the court may require that the person obtain
parental consent to enroll in the course.
   (i) The department, on or before December 31, 2009, shall develop
the vessel operator certificate and rental vessel operator
certificate to be issued pursuant to this section.
   (j)  On or before December 31, 2015, and on or before December 31
of each subsequent year, the department shall prepare a report
regarding the total number of certificates issued and the correlation
between certificates and the number of vessel accidents, injuries,
and fatalities.
   (k) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.